Mandatory Gun Show Background Check Act

Summary

Mandatory Gun Show Background Check Act - Amends the Federal criminal code to set forth provisions regarding the regulation of firearms transfers at gun shows. Defines "gun show" as an event sponsored to foster the collecting, competitive use, sporting use, or any other legal use of firearms, at which: (1) 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if one or more has been transported in, or otherwise affects, interstate or foreign commerce; and (2) there are not less than ten firearm vendors. Requires a person who is not a licensed importer, manufacturer, or dealer, and who desires to be registered as an instant check registrant, to submit to the Secretary of the Treasury an application which contains: (1) a certification by the applicant of compliance with specified Federal firearms license requirements; and (2) the applicant's photograph and fingerprints. Requires the Secretary to: (1) approve an application which meets such requirements; (2) issue to the applicant (on approval of the application and payment of a $100 fee for three years, and upon renewal of valid registration a fee of $50 for three years) an instant check registration; and (3) advise the Attorney General of the same. Provides that an instant check registration shall entitle the registrant, for a three-year period, to contact the national instant criminal background check system for information about any individual desiring to obtain a firearm at a gun show from any transferor who has requested the registrant's assistance with respect to the transfer of the firearm. Sets forth provisions regarding application approval or denial, records, and inadmissibility as evidence pertaining to the use or non-use by a transferor of the services of an instant check registrant. Grants immunity from a civil liability action to a person who (consistent with code requirements) is: (1) an instant check registrant who assists in having a background check; (2) a licensee who acquires a firearm at a gun show from a nonlicensee, for transfer to another nonlicensee in attendance at the show, for the purpose of effectuating a sale, trade, or transfer between the two nonlicensees; and (3) a nonlicensee disposing of a firearm who utilizes the services of an instant check registrant or licensee. Prohibits a qualified civil liability action (defined as a civil action brought against a person granted such immunity for damages resulting from the criminal or unlawful misuse of the firearm by the transferee or a third party, with exceptions) from being brought in any Federal or State court. Sets forth additional requirements regarding registration and recordkeeping, time and place of delivery of the firearm to the prospective transferee, penalties for violations of this title, inspection authority of the Secretary, and increased penalties for serious recordkeeping violations by licensees and for violations of criminal background check requirements. (Sec. 3) Amends the Federal judicial code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Amends the code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from: (1) performing any national instant criminal background check on any person through the system established under the Brady Handgun Violence Prevention Act if the system does not require and result in the immediate destruction of all information concerning any person determined not to be prohibited from receiving a firearm (except for the retention or transfer of information relating to any unique identification number provided by the national instant criminal background check system and the date on which that number is provided); and (2) continuing to operate the system unless the national instant check system index complies with specified Federal requirements and the agency responsible for the system and the system's compliance with Federal law does not invoke certain exceptions, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. Grants persons aggrieved by a violation of this section to sue in U.S. district. Directs that any person who is successful with respect to such action receive actual and punitive damages and such other remedies as the court may deem appropriate, including a reasonable attorney's fee.

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Documents

4 official files

• Failed of passage in House

  summary · EN · 18 June 1999

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• Introduced in House (text)

  Introduced in House · EN · 10 June 1999

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• Introduced in House (PDF)

  Introduced in House · EN · 10 June 1999

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• Introduced in House

  summary · EN · 10 June 1999

  Open at official source

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